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US appeals court to hear Hubbard landfill lawsuit
Hubbard
The 6th Circuit U.S. Court of Appeals in Cincinnati will hear a lawsuit Friday stemming from 2004 between Hubbard Township and a rail company looking to build a 243-acre landfill.
TransRail America Inc., a Maryland corporation, wants to build a landfill for construction debris on a lot west of Mount Everett Road and north of Interstate 80 in the township’s western portion.
In the lawsuit, TransRail contends that Hubbard; the Trumbull County Health department; U.S. Rep. Tim Ryan of Niles, D-17th; and 20 other parties engaged in a civil conspiracy against the rail company, preventing the landfill from being constructed, according to court filings.
In 2010, a federal judge in Akron ruled in favor of Hubbard and the defendants by dismissing the company’s claim, saying it wasn’t specific enough.
“There just wasn’t enough to justify the claims,” said John McLandrich, one of the attorneys who represented the defendants. “The whole thing was vague.”
The federal lawsuit is the third filed over the landfill.
In 2007, the 11th District Court of Appeals in Trumbull County ruled in favor of TransRail when Hubbard attempted to block the landfill construction using zoning regulations.
After its victory in the appellate court, TransRail applied for a landfill permit. The county health department returned the permit application saying it was incomplete, court filings said.
TransRail filed suit against the health department. The state Supreme Court eventually ruled in 2008 in favor of the health department, leaving the company unable to build the landfill.
On Friday, there will be no additional arguments heard by the three federal appellate judges.
Instead, they will rule on the briefings of the lower court, leaving Atty. Frank Scialdone, who is now one of the attorneys representing the defendants, confident in the court’s future judgment.
“We believe strongly the appellate court will affirm the lower court’s decision,” Scialdone said.
The Vindicator was unable to reach a representative from TransRail on Wednesday to comment.